COUNTY PLANNERS BACK DISPENSARY CAP

On 4-1 Vote, Panel Recommends Limit Of 9 Medical Pot Outlets In
Unincorporated Areas

Medical marijuana dispensaries in Sonoma County should be limited to
nine in unincorporated areas, according to county planning
commissioners, who see the limit as a first step to regulating a
burgeoning pot industry.

The Planning Commission on Thursday recommended 4-1 to the Board of
Supervisors that a cap be put on the number of dispensaries, even
though commissioners acknowledged it may not prevent an undue
concentration of the outlets in some neighborhoods.

"If you have one on every corner, there will be an outcry,"
Commissioner Don Bennett said in voting to limit the number of outlets
to nine.

He said it will also help avoid a backlash against the medical
marijuana industry.

"I think there's absolutely a compelling need for medical marijuana,"
he said, citing the numerous advocates who have contacted him.

But commissioners also agreed they want to revisit a number of
regulations on medical marijuana, including security issues for the
shops and ways to avoid a lopsided number in places such as south of
Santa Rosa's city limits.

They also intend to scrutinize cultivation guidelines, since
supervisors have signaled they want tighter regulations of medical pot
gardens.

There currently are six permitted dispensaries in the unincorporated
area of Sonoma County and another three pending applications.

That would take up all nine slots, if supervisors agree with the
recommendation.

In addition there are four dispensary locations within city limits:
two in Santa Rosa, one in Cotati and one in Sebastopol. Those cities
also have caps that prohibit additional shops.

The remaining six cities in the county ban dispensaries.

Over the course of two hours Thursday, commissioners heard a variety
of views, from parents who said the dispensaries send the wrong
message to children, to patients who said there should be no limits on
the number allowed because it makes it harder to obtain marijuana.

The county public health department urged a limit, saying
proliferation of the outlets leads to increased use by both minors and
adults -- similar to alcohol and tobacco.

In effect, public health officials said it makes it appear more
mainstream and less threatening.

"Greater accessibility results in greater access by our children,"
said Kevin McConnell, an attorney and father active in drug- and
alcohol-prevention programs.

He said he had no objection to responsible adults who legitimately use
medical marijuana. But he objected to the proliferation of
dispensaries because of the head shops, smoke shops and hydroponic
stores that follow.

Chet Jenkins, a patients' activist, said restricting the dispensaries
makes patients have to drive farther or take the bus.

With the dispensaries, he said, "there is less black market and border
crossing and more safe access points."

"Sonoma County does not have a proliferation of dispensaries," said
Randy Dale, adding that it can be hard to find a willing landlord and
the right zoning to open one up. By comparison, he said San Jose has
140 dispensaries and Sacramento has 39.

Sara Schrader, a medical cannabis advocate, said patients in some
parts of the county, such as Cloverdale and Sonoma, have to travel 30
miles to a dispensary. She advocated one option that would not
restrict the number of smaller dispensaries serving 20 or fewer
patients per day.

Exact data on the number of medical marijuana patients is
elusive.

In Sonoma County it's been estimated at 2 to 3 percent of the
population, according to attendees at a recent stakeholder meeting,
which equates to 9,700 to 14,500 people.

Each current permitted dispensary in the county and cities serves
between 300 and 1,500 patients.

"Based on these figures, it appears that sufficient number of
permitted dispensaries will exist to serve the estimated number of
patients," county planner Amy Wingfield Lyle said.

But some medical marijuana advocates said the number of patients is
probably higher.

"We think 2 to 3 percent is very low," said Kumari Sivadas of the
Sonoma County Alliance for Medical Marijuana. She suggested it is
probably closer to 5 percent.

County officials also estimate there are 20 to 30 delivery operations
in Sonoma County -- all unregulated -- that bring the marijuana to
patients' homes.

Commissioner Jason Liles said based on the variety of opinions aired,
there was little consensus and there still remains a conflict between
state law that allows medical marijuana and federal law that prohibits
it.

He reluctantly agreed to support the cap, saying he supports taxing
marijuana as much as possible.

"Hopefully in 10 years, we will look back on this and laugh," he said
noting that even dispensary operators disagreed on whether a limit is
appropriate.

Chairman Tom Lynch, the only one to vote against the nine dispensary
limit, favored allowing more small shops.

"Ultimately, the solution is to legalize it, or semi-legalize it,
where you control it with pharmacies," he said.